Terms of Use
Terms of Use
These Terms of Use govern your access and use of our website and mobile applications (the "Software") and your relationship with Wes Cares Energy Pte Ltd ("we", “our” or "us"), in connection with the operation of the Software. Please read these Terms of Use carefully. By accessing and/or using the Website or any of our services on the Software (the "Services"), you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not access and/or use the Software and/or any of our Services.
In addition to these Terms of Use, your use of any of our Services shall be subject to such specific terms as may be prescribed by us in respect of the use of such Services, and such other guidelines, notices, operating rules, policies and instructions as may be prescribed by us and published on the Software from time to time.
By accessing and/or using the Software and/or any of our Services, you warrant that you are at least 18 years of age. If at any time it is discovered that you are not at least 18 years of age, we shall be entitled to close or suspend any user account registered by you without any liability to you. You confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use our Software, or Services. These Terms expressly supersede prior agreements, understandings, or arrangements with you regarding the subject matter of these Terms. Separate supplemental terms may apply to certain Services, such as terms and policies for a particular service plan, program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services.
We reserve the right to revise and amend these Terms of Use at any time. Any revisions will be published on the Software and by continuing to access and/or use the Software or any of our Services on or after the date on which the revised Terms of Use have been published on the Software, you shall be deemed to have agreed to be bound by the revised Terms of Use. If you do not wish to accept the revised Terms of Use, you should not continue to access and/or use the Software or any of our Services.
- Privacy Policy
1.1 Your access and/or use of our Software and any of our Services is subject to our Privacy Policy, which may be found here.
1.2 You represent that all information submitted via the Software is accurate, complete, up-to-date and not misleading. Where you submit information through our Software, you will be regarded as having agreed and consented to our collection, use, process, disclosure, management and transfer of all such information in the manner described in our Privacy Policy.
- User Accounts
2.1 The availability of some Services will require the registration of User Account and the submission of personal data.
2.2 You undertake to provide accurate name and other information for the account you are creating for use of the services and agree to maintain accurate, complete and up to date information in your User Account. Failure to maintain accurate, complete and up to date information on file may result in additional fees and/or suspension to use of Services.
2.3 You will be required to create a username and password during User Account registration. Your username and password may be accepted or rejected at our sole and absolute discretion. You agree to keep the details of your username and password confidential. You shall be solely responsible for the security of your user account and shall be solely liable for any disclosure or use (whether authorised or not) of any details of your user account (including the username and/or password for such user account). You are responsible for maintaining Account security and access and may not authorize third parties to use your Account. We may require you to change your username or password, or we may suspend your user account without prior notice.
4.3 We may suspend or close your user account and/or invalidate your username and/or password at our discretion without giving any reason or prior notice. We shall not be held liable or responsible for any losses suffered by you arising out of or in connection with such suspension, closure, prohibition, restriction or invalidation. Upon Termination of Services on your Account, your method of payment will be charged for any unbilled amounts of fees due hereunder.
4.4 You agree that any access to and/or use of the Software or any of our Services, and any information, data or communications referable or traceable to your username and password shall be deemed to be: (a) access to and/or use of the Software and/or such Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by such access to and/or use of the Software and/or our Services even if you did not authorise such use, and you agree that we are entitled, but not obliged, to act upon and hold you responsible and liable for such action, as if it was carried out or transmitted by you. You agree to indemnify us entirely against any and all losses attributable to any access to and/or use of the Software and/or the Services referable or traceable to your username and password. You agree to be liable for all charges due to usage of lost or stolen or unauthorized access to your Account and responsible to report to us in the event of such an event.
2.5 You may submit materials and information including, but not limited to, questions, reviews, comments and suggestions for publication on the Software. By submitting material to the Software, you hereby grant us a non-exclusive license to use, reproduce, modify, publish, display, transmit, adapt and create derivative works from such material and/or to incorporate it in other works in any form, media or technology now known or later developed. Further, by posting comments or reviews to the Software, you agree to grant us the right to use the submitted name, or the username, referable to said review, comment or other content. You shall not use a false email address, act as a person who is not yourself or otherwise deceive or misinform us or third parties about the source of any submissions. You acknowledge that we are under no obligation to publish any material submitted by you and may edit or remove any previously submitted materials from the Software at any time.
- Prohibitions
3.1 In using the Software and/or any of our Services, you agree and undertake not to:
3.1.1 impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party;
3.1.2 use our Software or Services for unlawful purposes or criminal activity;
3.1.3 disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise objectionable material;
3.1.1.4 transmit material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
3.1.1.5 promote or transmit, or use any software material which contains or may promote or transmit, a virus or other malevolent and technologically damaging code or data;
3.1.6 infringe upon any other person’s proprietary rights (including without limitation making, transmitting or storing electronic copies of materials protected by intellectual property rights without the permission of the owner);
3.1.7 send or promote any unauthorised material for advertising purposes or otherwise;
3.1.8 attempt to gain unauthorised access to or otherwise interfere with the performance, operation or functionality of any computer facilities of and/or accessed through the Software;
3.1.9 interfere with another person’s experience of the Software or any of our Services; or
3.1.10 use the Software other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
3.2 We reserve the right, but have no obligation, to:
3.2.1 check, vet and/or control any activity, content or information occurring on or through the Software and any of our Services;
3.2.2 investigate any infringement upon these Terms of Use and take any appropriate action thereafter;
3.2.3 report any suspicious activity concerning the possible transgression of any applicable law, statute or regulation to the appropriate authorities and to cooperate with such authorities;
3.2.4 request, at any time, such information relevant to your use of the Software and any of our Services, and suspend or close your user account if we have reason to suspect you of providing incorrect, disingenuous or fraudulent information, or if you declined to disclose such information required for the continued usage of the Software and any of our Services; and/or
3.2.5 suspend or close any user account registered by you at our discretion (including if you breach any of your obligations under these Terms of Use).
- Availability of Software and Services
4.1 Due to the nature of the Internet, wireless services and use of your personal mobile device, we cannot guarantee that the availability of the Software or any of our Services will be uninterrupted and that any transmissions will be error-free. You acknowledge that your access to and/or use of the Software and/or any of our Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services.
4.2 We may at any time, and without giving any reason or notice, upgrade, modify, suspend, discontinue or remove any or all aspects of the Software and/or any or all of our Services and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal hinders your access to and/or use of the Software or any of our Services.
- Intellectual Property
5.1 The content of the Software is protected by copyrights, trademarks, database rights and other intellectual property rights. All intellectual property available on and/or through the Software are owned by, licensed to and regulated by us or our licensors. You are not permitted without our consent to publish, manipulate, distribute or reproduce, in any style or form, any of the content or copies of content which occurs on the Software or which you are supplied, nor may you employ any such content for the purpose of any commercial or business enterprise.
5.2 You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works founded upon any software or documentation provided by us or our licensors.
5.3 The trademarks, service marks, trade names and logos used and displayed on the Software (the "Trademarks") are registered and unregistered trademarks of us and others. Nothing on the Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Software, without the prior written permission of us or any other applicable trademark owner.
- Charging Services
6.1 Our charging stations are located and installed on property owned by third parties. As such, you agree to observe and obey any and all rules set by property owner/manager pertaining to their property and the use of Stations on such properties, including, but not limited to, car bay lot markings and signage, charging and parking restrictions, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of property owner / managers rules.
6.2 We only permit the use of our supplied cables and automaker manufactured charging adapters on charging station and prohibits all other adapters, extension cables, modified electric vehicles and modified onboard chargers to be connected to our charging network. You understand, accept and agree to fully comply with these terms and agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your unauthorized use in connection with use of our chargers network or the Terms of Use identified herein. You agree to indemnify, defend and hold us harmless for any damage experienced by any party that is caused by your failure to comply with these terms.
- Pricing
- Suspension of Service.
8.1 We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.
8.2 Upon any suspension of your User Account, all Service associated with your User Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of your User Account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service; (iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.
- Termination
9.1 We reserve the right to deactivate any accounts which have not been active for at least six (6) months and delete data in deactivated accounts.
9.2 We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.
9.3 We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentionally or unintentionally, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you or your company will be or are/is subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by us; (v) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (vi) if your account becomes past due and is not paid as set forth in the “Billing & Payment” section of these Terms; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such closure of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms.
9.4 Upon any closure of your account: (i) these Terms and all rights granted under these Terms shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed; and (iv) all of your data may be deleted from our servers and backup systems and we may not retain the data. You undertake to retrieve all data and User Content before submission of any request to close your account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.
- Customer Support
In the event of any issue with your User Account or Charging Station, please proceed to contact us with provided instructions on the station or Software. You consent to monitoring and recording of all contact between you and Wes Cares.
- Hyperlinks and Advertising
11.1 You may create a link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest a form of association, approval or endorsement on our part where none exists. This Software must not be framed on any other site, nor may you create a link to any part of this Software other than the home page. We reserve the right to withdraw linking permission by giving notice without specifying any reason.
11.2 For your convenience, we may include hyperlinks to other website or content on the Internet that are owned or operated by third parties, and which are not under our control. We shall not be responsible for content on any site outside our Software (including without limitation, for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents of, or the consequences of accessing, any linked Software). You agree that your access to or use of such linked website or content is entirely at your own risk.
11.3 Part of the Software may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Software complies with relevant laws and codes. We shall not be responsible to you for any such advertising or sponsorship material (including any error or inaccuracy in any such advertising and sponsorship material).
- Limitation of Liability
12.1 The material and information displayed on the Software is provided on an "as is" basis without any guarantees, conditions or warranties as to its completeness or accuracy. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are made by us.
12.2 Without prejudice to the generality of Clause 12.1, we do not warrant:
12.2.1 that the Software or any of our Services will meet your requirements;
12.2.2 the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Software or any of the Services;
12.2.3 that the Software, the Services or any material or information obtained through the Software or Services will be provided uninterrupted, secure or free from errors or omissions;
12.2.4 that the Software, the Services or any material obtained through or from the Software or Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or
12.2.5 the security of any information transmitted by you or to you through the Software or the Services, and you accept the risk of such occurrences and that any material or information transmitted or received through the Software or Services may be accessed by unauthorised third parties.
12.3 Unless expressly stated to the contrary to the fullest extent permitted by law, we, our suppliers, content providers, sponsors and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Software or linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This includes any losses whatsoever or howsoever caused arising directly or indirectly in connection with (a) any access, use and/or inability to access and/or use the Software or any of our Services; (b) reliance on any material or information made available through the Software or any of our Services; or (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. However, this does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- Indemnity
13.1 You agree to indemnify us, our related corporations, our and our related corporations’ directors, officers, employees and agents (collectively, our "Personnel"), and hold us and our Personnel harmless, from and against any and all claims, demands, actions, suits proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including, but not limited to, legal fees incurred by us on a full indemnity basis) of whatsoever nature which may be suffered or incurred by us as a result of or in connection with (a) your access or use of our Software or Services; (b) any breach by you of these Terms of Use or such other terms as may be issued from time to time in respect of your access or use of our Software or Services (including, but not limited to, the Privacy Policy); and (c) your infringement of any third party right (including any intellectual property, property, or privacy right).
13.2 You acknowledge and agree that any Personnel shall be entitled to rely on and enforce the indemnity in Clause 13.1 as if such Personnel were a party to these Terms of Use.
- Notices
14.1 All notices or other communications given to you will be deemed received by you on:
14.1.1 if sent via any print or electronic media that we select, the date of publication or broadcast;
14.1.2 if sent by post, or left at your last known address, the day after such posting or on the day it was left at you’re your last known address; or
14.1.3 if sent by email, the time at which the email was sent by us.
14.2 You may only send us notices in writing to our designated address or email address. We shall be considered as having received such notice only upon receipt.
- Assignment, Sub-Contracting and Delegation
15.1 These Terms of Use shall be binding upon and inure to our and your benefit, and any of our and your successors and permitted assigns. You may not assign or transfer any of your rights, benefits or obligations under these Terms of Use without our prior written consent. No assignment shall relieve or discharge you of any of your obligations or liabilities hereunder, notwithstanding any voluntary assumption by the assignee of such obligations and liabilities.
15.2 We shall be entitled, in our discretion, to delegate or subcontract the performance of any of our functions in connection with the Software, our Services and our performance of our obligations under these Terms of Use, and reserve the right to use any service provider, subcontractor and/or agent on such terms as we deem appropriate.
- Cumulative Rights and Remedies
Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have at law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, expressly provided for in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
- Waiver
No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these Terms of Use, will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy.
- Illegality and Severability
In the event any of the terms or conditions in these Terms of Use shall be, or at any time shall become, invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other terms and conditions in these Terms of Use, but these Terms of Use shall be construed as if such invalid or illegal or unenforceable terms or conditions had never been contained herein.
- Partnership
Neither you nor we shall, by virtue of these Terms of Use, be deemed to be a partner or agent of each other, nor shall anything contained herein be construed as creating a partnership, joint association or trust, it being agreed that each party will be responsible only for its obligations under these Terms of Use, and neither party shall be authorised to represent or bind the other to any other person.
- Third Party Rights
Save as expressly provided for in these Terms of Use, a person who or which is not a party to these Terms of Use shall not have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any provision of these Terms of Use.
- Entire Agreement
These Terms of Use supersede and cancel all previous agreements, warranties and undertakings, whether oral or written, express or implied, given or made by or between you and us, and constitutes the entire written agreement between you and us, in respect of the matters set out herein, and no other terms and conditions shall be included or implied.
- Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore.
- Dispute Resolution
23.1 Any dispute arising out of or in connection with or in relation to these Terms of Use, including any question regarding the existence, validity or termination of these Terms of Use shall be referred to and finally resolved by arbitration in Singapore.
23.2 Such arbitration shall be conducted in accordance with the Rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force ("Rules").
23.3 Any arbitration commenced shall be conducted by one arbitrator nominated by the President of the Court of Arbitration of the SIAC. The language to be used shall be English and all written documents provided in any such arbitration shall be in English.
23.4 Any arbitration award made pursuant to any arbitration commenced may be enforced by the relevant party against assets of the other party wherever those assets are located or may be found, and a judgment upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, we and you expressly submit to the jurisdiction of any such court.